Props. D, E hovering on the 50 percent majority line

CARLSBAD - The controversial Cannon Road agricultural
preservation initiative known as Proposition E was a dozen votes
shy of collecting a 50 percent majority as county elections
officials began sorting Wednesday through piles of last-minute
absentee ballots.

Prop. E's competitor, the city-sponsored, less-restrictive
ballot measure known as Proposition D, was just slightly above the
50 percent majority it needed to pass.

Whether either proposition's status will change later this week
after the county elections office finishes processing provisional
ballots, or ballots filled out and dropped at the polls Tuesday,
was uncertain Wednesday.

"Based on past elections, there's a slight probability," said
City Clerk Lorraine Wood, adding that she expects to know for sure
by late Friday.

Meanwhile, provisional ballot results are not expected to
significantly change the Carlsbad mayoral race or the two City
Council races where the incumbents appeared to be winning with
ease.

There are estimated to be 200,000 provisional ballots still
outstanding countywide from Tuesday's election, but there's no way
of telling how many of those are Carlsbad ballots, Wood said.

Prop. E, which had 12,960 votes as of Wednesday, could move from
its 49.99 percent yes rate to above 50 percent mark with the
inclusion of the remaining ballots. However, it must also receive
more votes than Prop. D in order to go into effect. That's because
Prop. D contains a clause declaring that if it receives more votes,
it supersedes the citizens group initiative.

Prop. D had 13,206 votes as of Wednesday or a 50.91 percent yes
vote.

Put forward by the Carlsbad City Council, Prop. D would
permanently lock much of the more than 300 acres of agricultural
land along Cannon Road east of Interstate 5 into the city's
existing "open space" zoning category.

That zoning status would allow the building of everything from
public parks and golf courses to city civic centers. Proponents
have argued that its flexibility will keep the city from getting
sued by the area's private property owners, while opponents have
said it is far too flexible and won't protect the land the way
residents want.

The other option, the Concerned Citizens of Carlsbad group's
Prop. E, directs the city to create a zoning category of "coastal
agriculture."

In the past, Carlsbad has considered agriculture to be a
transitional use for land that would later be developed. Proponents
of Prop. E have argued that the new zoning category would protect
the Canon Road region from development in perpetuity.

Opponents have said landowners will sue the city if it passes
and that it would cost millions to settle the conflict.

Ron Alvarez, who led the Prop. E effort and was an unsuccessful
City Council candidate, said he was thrilled Wednesday that Prop.
E. had collected so many votes even if it doesn't pass.

"It shows irregardless of the (Carlsbad) Chamber of Commerce
attack and the city's questionable paperwork, we did quite well
with a small bit of folks involved," he said.

Michael Babowal, a Chamber of Commerce employee who led the No
on Prop. E effort, said the Prop. E proponents were the ones with
questionable publicity materials. He argued that his group's
entrance into the race changed its direction in the final
weeks.